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Programming Agreement
osCommerce Programming Agreement
Programming and Development Agreement
this agreement constitutes a binding contract between Hyperactive Inc. and our Programming and Development Customers. By using Hyperactive Inc's Design, Development and Programming services you are agreeing to this contract in it's entirety. Hyperactive may make changes or ammendments to this contract at any time, and you agree it is your responsibility to monitor this page for changes that may affect you. If at any time you wish to no longer take part in Hyperactive Inc's Design, Development and Programming services for any reason, simply no longer submit work requests to us. Any work requested will be bound by this agreement in full.

Authorization to Charge Due Funds.

  • You accept that by taking part in Hyperactive Inc.'s services, you agree to allow us to charge you for services performed at the time of our choosing. Hyperactive Inc. will invoice you at least 6 hours prior to your credit card being processed. You will receive this invoice via email and have the ability to call and setup an alternative mode of payment or log in to our billing system and pay it manually.
  • You agree that Hyperactive Inc. makes no claims as to the length of time it takes to complete your project. Hyperactive Inc. does its best to complete tasks and projects in a timely manner however due to unforeseen events, the time it takes to complete a project is completely unknown. Any time frame you are given should be strictly interpreted as a "loose estimate" with no guarantees of any kind.
  • You accept that Hyperactive Inc. will charge you for any services you sign up for, including hosting fees, web development, php programming, graphic design, ssl certificates, IP Addresses, server space, bandwidth, and any and all other services sold, provided by or leased by Hyperactive Inc, that may or may not be listed here.
  • You agree that by contracting Hyperactive Inc. to perform services , create designs or schemas, once work has begun, Hyperactive Inc. Will charge $60.00 per hour for those services performed or the listed price for any product or service if such is listed elsewhere in this website. This is charged whether or not the entire project is completed. We work on an hourly scale, and we charge for any labor used. In other words, there are no "Quotes for project". We cannot be reponsible if you run out of funds half way through completion of a project, for this reason, we bill for "tasks" not for projects.
  • You agree that in the event a deposit was made to Hyperactive Inc., any due amount will be deducted from said deposit and the rest returned to you by company check within 7 business days.
  • You agree you will under no circumstances, apon request of work to be performed, reverse charges, or in any form cause or by any method cause those funds charged to be reversed from any banking institution in use by Hyperactive Inc.
  • You agree that in the event you charge back funds, for programming and development tasks which we have completed,that you will be responsible for any and all legal expenses Hyperactive Inc. may incur in it's efforts to regain those funds.
  • Submission of your credit card number to us constitutes full acceptance of this agreement. You fully agree to this provision and further release us to charge any funds owed to us for any and all products and services upon completion of each project, or its constituent tasks, or the payment date of your leased service.
  • you agree that by the vary nature of the work, namely writing custom code on your website, which we cannot take back, that all sales of charged hourly labor are final.
  • You agree that failure to pay for services rendered will result in your account being locked/disabled until such time as your account balance is paid in full. You also agree that upon contracting Hyperactive Inc. for services, either contracted or leased, you agree to not hold Hyperactive Inc. liable for any loss of business or profit resulting from Hyperactive Inc. exercising its rights in compliance with this agreement.
  • Any merchant services provider, who is a third party to the breach of this contract will be required to pay Hyperactive Inc. an administration fee of $10,000 to cover legal and administrative expenses in the pursuit of it's rights under this agreement.
  • You agree that programming in its very nature produces bugs, and that thorough testing of your software is to be carried out by you, this is called the "development process" and is quite normal. You agree to let Hyperactive Inc. know of any bugs found within 90 days of completion. Hyperactive will correct at no cost, any bugs caused by only code written by Hyperactive Inc. Code provided by third parties is not warrantied. Corrections of bugs caused by third party code, or integration of third party code into your site is billable. If you provide a "drag and drop" module to us, and we follow the instructions for its installation as given by the developer of that module, you release Hyperactive from any liability and agree that corrections to that code will be billable, or repaired within 90 days to be determined by Hyperactive Inc. at its sole discretion.

**IF YOU DO NOT AGREE TO ALL OF THE ABOVE LISTED POINTS, DO NOT REQUEST HYPERACTIVE INC. TO PERFORM YOUR WORK**